American law in a global context : the basics / George P. Fletcher and Steve Sheppard.

Format:

Book

Author/Creator:

Fletcher, George P., author.

Sheppard, Steve, 1963- author.

Series:

Oxford scholarship online.

Oxford scholarship online

Language:

English

Subjects (All):

Law--United States.

Law.

Lawyers, Foreign--United States--Handbooks, manuals, etc.

Lawyers, Foreign.

Physical Description:

1 online resource (624 p.)

Edition:

1st ed.

Place of Publication:

Oxford : Oxford University Press, 2023.

Summary:

An introduction to the American legal system from a global perspective. Using a comparative approach, the authors introduce underlying principles of common and civil law, constitutional, criminal, and public law, and property and procedure.

Contents:

Intro

CONTENTS

INTRODUCTION

PART I: Common Law and Civil Law

ONE: The Common Law

TWO: The Civil Law

THREE: The Language of Law: Common and Civil

FOUR: Legal Reasoning

PART II: Constitutional Identity

FIVE: The Constitution as Code

SIX: Judicial Review

SEVEN: Federalism

EIGHT: The Alternative Constitution

NINE: Equality Prevails

TEN: Freedom Fights Back

ELEVEN: The Jury

TWELVE: Due Process Ascendant

THIRTEEN: Coordinating the States

FOURTEEN: Multiple Common Laws?

PART III: The Theory of the Common Law: Liberalism and Its Alternatives

FIFTEEN: Feudalism in Land Law

SIXTEEN: The Triumph of Equity

SEVENTEEN: Contemporary Property

EIGHTEEN: The Frontiers of Property

NINETEEN: Contract as Law

TWENTY: Contract as Justice

TWENTY-ONE: Contractual Harm

TWENTY-TWO: Foundations of Tort Law

TWENTY-THREE: Economic Efficiency

TWENTY-FOUR: From Contributory to Comparative Fault

TWENTY-FIVE: Disputed Boundaries: Punitive Damages

TWENTY-SIX: The American Civil Trial in Outline

PART IV: Criminal Law: The Adversary System and Its Alternatives

TWENTY-SEVEN: Where Would You Rather Be Tried?

TWENTY-EIGHT: The Fate of Bernhard Goetz

TWENTY-NINE: Self-Defense: Domestic and International

SUMMARY: The Right and the Reasonable

Appendices

APPENDIX ONE: How to Read (and Brief) a Case

APPENDIX TWO: Common Law Method

or, How to Do Things with Cases

APPENDIX THREE: The Interpretation of Statutes

INDEX

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

U

V

W

Y

Z.

Notes:

Includes index.

Formerly CIP.

Previously issued in print: 2005.

Derived record based on print version record and publisher information.

ISBN:

0-19-771828-0

1-280-53409-5

0-19-972929-8

1-4337-0040-9

OCLC:

1406783774